Fairfield

— This is an action upon the official bond of the defendant Fairfield, upon which the defendants and appellants Hendry and Ray were sureties. Before the trial, Fairfield died, and by the consent of parties the action was, as tó him, dismissed as of a date prior to *187 his death. Judgment was rendered against Hendry and Bay for $1,911.05, from which, and from an order denying a new trial, they appeal.

1. There are some twenty-five points made by appellants, which we do not deem necessary to notice in detail. It is sufficient to say that the court below did not commit any error except with respect to the matters hereinafter mentioned.

2. The plaintiffs introduced evidence to the point that , Fairfield, while holding the office of wharfinger, for which said official bond was given, received certain sums of money in his official capacity at various times within the period stated in the complaint; and for the purpose of showing that he had not paid said money to the board of state harbor commissioners, as his official duty required, they introduced certain books which the secretary of said board is required to keep by section 2522 of the Political Code. These books are made by…